Immigration Issues/J1 visa and re-entry

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Question
I worked on a j1 visa in US from jan 2007 till Dec 2008. I was though issued a 5 yr J1 (valid until Nov 2011) by the US embassy in New Delhi, India. Since Jan 2009 I have been in Germany and not in India. As I understand the J1 requires two yr foreign residency. I dont understand what does that mean. Can I go on the same visa I have back to US again? Do I need to get the weiver, if I want to go before two yrs e.g., starting Jan 2010? Can i go to US on some other visa status before two yrs.
Thanking you in anticipation for helps.
Kind regards,
Mohammad

Answer
Mohammad,
You do not need the waiver for entering the US on J visa. The waiver is required only if you are changing to another visa category. You need to spend the two years in your country of birth. Even though you have a five year visa you can only enter if you have a valid DS-2019 from an organization in the US.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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